150 | Massachusetts Wage & Hour Peculiarities, 2025 ed. © 2025 Seyfarth Shaw LLP number assigned by DFML, which is the Federal Employer Identification Number (FEIN); (e) instructions on how to file an application for family and medical leave benefits; (f) the mailing address, email address, and telephone number of DFML.894 Employers are also required to provide annual notice of the change in the contribution rates thirty days before the change goes into effect.895 The contribution rate change is announced each year on October 1 and becomes effective on January 1.896 Failure to meet the notification requirements may result in a fine of $50 per employee for the first violation and $300 per employee for subsequent violations.897 If an employer fails to provide notice of the MPFML, then the requirement for employees to provide notice of the need for leave (described below), is waived.898 Employees must provide employers with at least 30 days’ notice of the anticipated start date of leave, the anticipated length of leave, and the employee’s expected return to work date. If there is a reason for a delay in notifying the employer that is beyond the employee’s control, employees must provide notice as soon as possible.899 Employees also must comply with the employer’s “usual and customary notice and procedural requirements for leave, absent unusual circumstances.”900 In the absence of unusual circumstances, failure to provide sufficient notice or to comply with the employer’s usual notice and procedural requirements may result in a delay or denial of leave by the DFML.901 For planned medical treatments, the employee must consult with the employer prior to applying to the DFML for leave and make a “reasonable effort” to schedule the treatment to avoid unduly disrupting the employer’s operations, subject to the approval of the employee’s healthcare provider.902 In late 2023, the MPFML was amended to allow employees to supplement or “top off” benefits received from the Commonwealth with available accrued paid leave (e.g., sick time, vacation, personal time).903 Prior to the amendment, employers using the public option could not allow employees to use accrued paid leave while receiving MPFML benefits from the Commonwealth 894 Id. 895 https://www.mass.gov/info-details/pfml-workplace-poster-notices-and-rate-sheets-for-massachusetts-employers#notice-forworkforce-with-25-or-more-covered-individuals- (last visited Mar. 6, 2025). 896 M.G.L. ch. 175M, § 7(e) 897 https://www.mass.gov/info-details/informing-your-workforce-about-paid-family-and-medical-leave (last visited Mar. 6, 2025). 898 M.G.L. ch. 175M, §4(b). 899 Marenco v. Broad Inst., Inc., No. 21-CV-11859-DJC, 2022 WL 2236354, *3 (D. Mass. May 17, 2022), appeal dismissed, No. 22-1484, 2022 WL 17820290 (1st Cir. Aug. 2, 2022) (granting motion to dismiss MPFML claim where plaintiff failed to alleged that he provided his employer with notice that he intended to take MPFML leave). 900 458 CMR 2.08(2)(b). 901 458 CMR 2.08(d). 902 458 CMR 2.08(e). 903 M.G.L. ch. 175M, § 3 (c); https://www.mass.gov/important-changes/important-legislative-changes-to-the-massachusetts-paidfamily-and-medical-leave-program (last visited Mar. 6, 2025).
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